Energy Arbitration and Review Act 1998

Regulations may be made under section 86 providing for the arbitrator to have the function of hearing and determining disputes of a kind provided for in the regulations, being disputes —

connected with or arising out of contracts for —

the distribution, transportation or supply of gas; or

access to gas pipeline systems;

not otherwise provided for by section 73(1).

Regulations referred to in subsection (1) may provide, in relation to the arbitrator —

for any matter of the kind mentioned in subsection (3) of section 95 of the Gas Corporation Act 1994 ¹ (as enacted immediately before the repeal of that Act), other than paragraph (d) and (i)(iia) of that subsection; and

for the function of hearing and determining prescribed disputes to be exclusive of the jurisdiction of courts and other tribunals.

Regulations referred to in subsection (1) may make provision for and in relation to the imposition and payment of fees and charges in connection with the performance of functions the arbitrator has under those regulations.

If it is inappropriate to prescribe a set fee or charge in connection with the performance of a particular function the regulations may provide for the method of calculating the fee or charge, including calculation according to the cost of performing that function.